Patent claim scope evaluator

ABSTRACT

Systems and methods for calculating a patent claim scope rating are disclosed. In an example embodiment, a method of calculating a patent claim scope rating includes identifying patent references cited in examination of a subject patent and storing the identified patent references as an applied art list, identifying first backward references for the patent references in the applied art list and storing the first backward references as a first backward list, identifying second backward references for the first backward references in the first backward list and storing the second backward references as a second backward list, identifying forward references for the patent references in the applied art list and storing the forward references as a forward list. A patent claim scope rating is based on a calculation including at least a partial combination listing of the applied art list, the first and second backward lists, and the forward list.

CLAIM OF PRIORITY

This application is a continuation of and claims the benefit of priorityunder 35 U.S.C. § 120 to U.S. patent application Ser. No. 16/777,656,filed on Jan. 30, 2020, which is a continuation of and claims thebenefit of priority under 35 U.S.C. § 120 to U.S. patent applicationSer. No. 15/691,642, filed on Aug. 30, 2017, which is a continuation ofand claims the benefit of priority under 35 U.S.C. § 120 to U.S. patentapplication Ser. No. 14/259,900, filed on Apr. 23, 2014, which claimsthe benefit of priority, under 35 U.S.C. Section 119(e), of U.S.Provisional Patent Application Ser. No. 61/814,937 filed Apr. 23, 2013(“PATENT CLAIM SCOPE EVALUATOR”), the content of each of which isincorporated herein by reference in its entirety.

BACKGROUND

The management of a patent portfolio involves multiple stages.Initially, a decision is typically made as to what inventions are worththe investment of filing a patent application. Each filed patentapplication typically then goes through prosecution with the patentoffice. Finally, for each patent that is allowed, maintenance fees areusually payable at a variety of intervals to keep the patent in force.In some instances, an inventor, business manager, or portfolio managermay wish to review or watch a patent to check for potential infringementof the patent by a competitor. Manual efforts to perform this task,including some evidence of infringement, can be time consuming and oflimited scope.

When analyzing a patent or patent application it is important to findout what the scope, or breadth, of the claims are. Evaluation of patentclaim scope has traditionally been performed by reading and construingeach claim. This takes significant time and effort by a skilledprofessional. It is therefore desirable to use a solution that completespatent claim scope evaluation automatically.

SUMMARY

Disclosed herein are methods, systems and apparatus for analyzing andevaluating the claim scope breadth of a subject patent, issued orpending. According to one first embodiment there is provided a userinterface for choosing a subject patent issued or pending and for thesubject patent scope breadth to be evaluated by the invention upon asearch for prior art and upon calculation of scope breadth algorithms.According to one second embodiment there is provided a user interfacefor choosing a set of subject patents issued or pending and for each ofthe subject patents' scope breadth to be evaluated by the invention uponsearch for prior art and upon calculation of scope breadth algorithms.

BRIEF DESCRIPTION OF DRAWINGS

Some embodiments are illustrated by way of example and not limitation inthe figures of the accompanying drawings in which:

FIG. 1 is a schematic view of computer network system 100, according tovarious embodiments.

FIG. 2 is a user interface, as may be used in an example embodiment.

FIG. 3 is a block diagram of a system, according to example embodiments.

FIG. 4 is a flow chart showing a method, according to an example methodembodiment.

FIG. 5 is a flow chart showing a method, according to an example methodembodiment.

FIG. 6 is a block diagram of a machine in the example form of a computersystem within which a set of instructions may be executed for causingthe machine to perform any one or more of the methodologies hereindiscussed.

DETAILED DESCRIPTION

The life cycle of a patent may include multiple stages. These stagesgenerally include invention, filing a patent application on theinvention, prosecuting the patenting application to allowance orabandonment, determining whether to file any continuing applications,and paying maintenance fees on the allowed patent.

At each stage, one or more parties determine the best course of actionto take with respect to the invention. For example, when determiningwhether or not to file a patent, the inventor may know what products areout in the technology area of the invention, a business manager may knowhow the invention fits in with a company's goals, and a patent attorneymay have researched existing patents or applications in the technologyarea of the patent. These parties will ultimately decide whether it isworth the initial investment of filing an application on the inventionand then determine the next course of action at each future stage.

In some instances, an inventor, business manager, or portfolio managermay wish to monitor the patent or business activities of one or morecompetitors. The provision of up-to-date information relating to citedreferences or changes in the art (such as internet or web material) towhich a user's or competitor's patent portfolio relates may beparticularly helpful in devising patenting strategy or making informedbusiness or patent enforcement decisions.

In various embodiments, a patent management system includes tools tohelp the parties involved in the patenting process make decisions ateach stage in the life of a patent. These tools may also be used forgeneral research by parties not immediately involved with the patentingof the invention. These tools may be used as standalone tools, incombination with other tools, and in combination with other patentmanagement systems. Examples of tools include, but are not limited to,prosecution analytics, patent and patent continuation analysis,reference management, prior art analytics, docketing management, claimmapping, claim analytics, portfolio analytics, external database (e.g.,Patent Application Information Retrieval “PAIR”) analytics, annuitymanagement, strategic monitoring, and a white space indicator.

The systems, methods, and tools of the present disclosure set forth inthis specification are described in relation to a patent managementsystem and patent matters, but it will be understood that embodiments ofthe present invention could equally be applied to other forms ofintellectual property (trademarks, copyright, utility models, pettypatents, registered designs, and the like). Moreover, the term “patent”is not intended to be limited to an issued patent, but may include apending patent application or un-filed application, invention disclosureor other type of intellectual property right. The term “user” or“registered user” is intended to cover any person interacting with thepatent management system. A user may be an inventor, portfolio manager,business manager or patent attorney, for example. A “user” or“registered user” may also be an annuity payment service provider suchas Computer Packages, Inc (CPI) or Computer Patent Annuities (CPA), forexample. In the patent art, the term “annuity fees” can sometimes beused to refer to payments required to renew granted patents, while theterm “maintenance fees” can sometimes be used to refer to paymentsrequired to maintain pending patent applications. In this specification,the terms “annuity fees” and “maintenance fees” are used interchangeablyand refer to any kind of payment required to keep a patent or patentapplication (or other intellectual property right) in force.

FIG. 1 is a schematic view of computer network system 100, according tovarious embodiments. The computer network system 100 includes a patentportfolio and annuity management system 102 (also called a portfoliomanagement system 102, or annuity management system 102) and userterminal 104, communicatively coupled via network 106. In an embodiment,patent portfolio and annuity management system 102 includes web server108, application server 110, database management server 114, which isused to manage at least operations database 116, and file server 118.Patent portfolio and annuity management system 102 may be implemented asa distributed system; for example, one or more elements of the patentportfolio and annuity management system 102 may be located across a widearea network (WAN) from other elements of patent portfolio and annuitymanagement system 102. As another example, a server (e.g., web server108, file server 118, database management server 114) may represent agroup of two or more servers, cooperating with each other, provided byway of a pooled, distributed, or redundant computing model.

Network 106 may include local area networks (LANs), WANs, wirelessnetworks (e.g., 802.11 or cellular network), the Public SwitchedTelephone Network (PSTNs) network, ad hoc networks, personal areanetworks (e.g., Bluetooth) or other combinations or permutations ofnetwork protocols and network types. The network 106 may include asingle LAN or WAN, or combinations of LANs or WANs, such as theInternet. The various devices coupled to network 106 may be coupled tonetwork 106 via one or more wired or wireless connections.

Web server 108 may communicate with file server 118 to publish or servefiles stored on file server 118. Web server 108 may also communicate orinterface with the application server 110 to enable web-basedpresentation of information. For example, application server 110 mayprovide scripts, applications, or library files that provide primary orauxiliary functionality to web server 108 (e.g., multimedia, filetransfer, or dynamic interface functions). In addition, applicationserver 110 may also provide some or the entire interface for web server108 to communicate with one or more of the other servers in the patentportfolio and annuity management system 102 (e.g., database managementserver 114). Web server 108, either alone or in conjunction with one ormore other computers in patent portfolio and annuity management system102, may provide a user-interface. The user-interface may be implementedusing a variety of programming languages or programming methods, such asHTML (HyperText Markup Language), VBScript (Visual Basic® ScriptingEdition), JavaScript™, XML® (Extensible Markup Language), XSLT™(Extensible Stylesheet Language Transformations), AJAX (AsynchronousJavaScript and XML), Java™, JFC (Java™ Foundation Classes), and Swing(an Application Programming Interface for Java™).

User terminal 104 may be a personal computer (PC) or mobile device. Inan embodiment, user terminal 104 includes a client program to interfacewith the patent portfolio and annuity management system 102. The clientprogram may include commercial software, custom software, open sourcesoftware, freeware, shareware, or other types of software packages. Inan embodiment, the client program includes a thin client designed toprovide query and data manipulation tools for a user of user terminal104. The client program may interact with a server program hosted by,for example, application server 110. Additionally, the client programmay interface with database management server 114.

Operations database 116 may be composed of one or more logical orphysical databases. For example, operations database 116 may be viewedas a system of databases, which when viewed as a compilation, representan “operations database.” Sub-databases in such a configuration mayinclude a matter database, portfolio database, user database, patentreference document or prior art database, product database, watchdatabase, and mapping database. The operations database 116 or any oneof the sub-databases may include a registry of patent matters.Operations database 116 may be implemented as a relational database, acentralized database, a distributed database, an object orienteddatabase, or a flat database in various embodiments.

Data stored in a first database may be associated with data in a seconddatabase through the use of common data fields. For example, considerentries in the patent database formatted as [Patent ID, Patent Number]and entries in the product database formatted as [Product ID, ProductName, Patent ID]. In this manner, a product entry in the productdatabase is associated with a patent in the patent database through thePatent ID data field. In various embodiments, a product may beassociated with more than one patent by creating multiple entries in theproduct database (one for each patent the product is associated with).In other embodiments, one or more patent reference documents may beassociated with a patent by creating multiple entries in the patentdatabase, for example. The formats and data field titles are forillustration purposes, and other names and formats may be used.Additionally, further associations between data stored in the databasesmay be created as discussed further herein.

During operation of patent portfolio and annuity management system 102,data from multiple data sources (internal and external) is imported intoor accessed by the operations database 116. Internal sources may includedata from portfolio management and annuity payment services affiliatedwith patent portfolio and annuity management system 102. Externalsources 120 may include websites or databases associated with foreignand domestic patent offices (e.g. PAIR at the United States Patent andTrademark Office (USPTO), assignment databases, World IntellectualProperty Organization (WIPO), and International Patent DocumentationCenter (INPADOC). In an embodiment, annuity amounts due and annuity duedates for patent matters listed in a registry database are drawndirectly from such data stored at a national patent office in electronicform. In various embodiments, the data is scraped and parsed fromwebsites if it is unavailable through a database. The data may begathered using API calls to the sources when available. The data may beimported and stored in the operations database 116 on a scheduled basis,such as weekly, monthly, quarterly, or some other regular or periodicinterval. Alternatively, the data may be imported on-demand.

After data importation, the data may be standardized into a commonformat. For example, database records from internal or external sources120 may not be in a compatible format with the operations database 116.Data conditioning may include data rearrangement, normalization,filtering (e.g., removing duplicates), sorting, binning, or otheroperations to transform the data into a common format (e.g., usingsimilar date formats and name formats).

FIG. 2 is an example user interface 200 of patent portfolio and annuitymanagement system 102 (FIG. 1). User interface 200 is illustrated withmultiple user interface elements. In an example embodiment, a userinterface element is a graphical or textual element with which a usermay interact to cause an application to perform an assigned action forthe interface element. Data representing user interface 200 may betransmitted via network 106 and presented on a display of user terminal104 (FIG. 1) through the use of a web browser. A user (e.g., manager ofa patent portfolio) may interact with the user interface elements ofuser interface 200 through the use of an input device (e.g., stylus,cursor, mouse, finger) of the user terminal 104. In an embodiment, auser selection is based on the coordinates of the input device as itmakes contact with the display or where a user “clicks” the mouse. Thecoordinates are compared to the coordinates of the user input element todetermine the selection. The type of user elements, names, and layoutdepicted in FIG. 2 are intended to be an illustration of an example userinterface of patent portfolio and annuity management system 102. Othertypes of user elements, names, and layouts may be used.

The user interface elements may include my matters 202, patent watches204, company watches 206, patent analysis 207, and tag matters 209.These elements may be used to select a context/view of the portfolio andannuity management system 102 (FIG. 1). For example, my matters 202 maylist the patents included within a portfolio of a user, or list patentmatters tagged for renewal by a user of an annuity registry databaseincluded, for example, in an operations database 116 (FIG. 1) of thetype described above. Patent watches 204 may list information on patentsthat the user has indicated the management system 102 is to watch, andcompany watches 206 lists information on companies that the user hasindicated the system should watch. Patent analysis 207 may allow a userto perform analysis on selected patent or patent continuation matters.Tag matters 209 may be selected to allow a user to tag or identifypatent matters for management or payment of annuity fees. Tag matters209 may also allow a user to identify a patent for the identification bythe system of potentially relevant “web hits.” Further details of eachof these are included herein.

Date boxes 208 and 210 are user elements that allow a user to select atime period (for example, to select a display of patents having annuityfees due in that time period). Amount due box 212 displays the amountdue with respect to annuities for patents in the portfolio of the user,or tagged or listed in a registry, within the period indicated by dateboxes 208 and 210. Upon activating (e.g., clicking) one of the dateboxes, a user may be presented with a calendar, which allows theselection of a date. Upon selecting a date, the date boxes will updateto reflect the user's choice.

Drop-down menu 214 includes a list of portfolios or registry listingsthat a user of the patent portfolio and annuity management system 102(FIG. 1) is authorized to view. For example, before user interface 200is displayed, a login screen requesting a user ID and password may bepresented to the user. In various embodiments, the user ID is associatedwith one or more portfolios. In turn, each portfolio is associated withone or more matters. Matters may include US and foreign issued patents(including divisionals, continuations, and so forth), pending patents,abandoned patents, and not yet filed applications. Thus, upon selectionof a portfolio using drop-down menu 214, user interface 200 is populatedwith matters associated with the portfolio or registry listing.

Checkbox 216 is an option to only display matters that currently have anannuity due. Drop-down menu 218 allows further filtering of matters. Forexample, the matters may be filtered by US patents only, by US patentapplications, and by foreign applications only.

In various embodiments, activation of button 220 updates user interface200 to reflect the choices made by the user with respect to date boxes208 and 210, checkbox 216, and drop-down menu 218. For example, theamount due box 212 will be updated to reflect the amount due within thenew period, and the matters listed under column headings 222 may befiltered. In various embodiments, user interface 200 is updated as theuser selections are made with respect to elements 208 to 218 withoutactivating button 220.

FIG. 3 is a block diagram of patent portfolio and annuity managementsystem 102 (FIG. 1), according to an example embodiment. Illustrated areuser database 302, portfolio database 304, matter database 306, watchdatabase 308, product database 310, analytics database 312, input module314, parsing module 316, analytics module 318, display module 320,filtering module 322, mapping module 324, and payment module 326. Invarious embodiments, the data stored in databases 302, 304, 306, 308,310, and 312 may be in the same or multiple physical locations. Forexample, portfolio database 304 may be located in one or more computersassociated with a portfolio management service. In various embodiments,patent portfolio and annuity management system 102 (FIG. 1) may mirrordatabases stored in other locations. In an embodiment, when a request ismade to access data stored in the databases, patent portfolio andannuity management system 102 determines where the data is located anddirects the request to the appropriate location.

In an example embodiment, user database 302 stores data representingusers of patent portfolio and annuity management system 102 (FIG. 1).The data may represent authorized or registered users that areregistered to use the patent matter registry database, for example. Thedata may include data fields of user credentials, including a user IDand password, and access rights with respect to the management system102. The user ID may be the same as the user ID of other systemsassociated with patent portfolio and annuity management system 102. Forexample the user ID may be used in a portfolio management system 102. Inthis manner, access rights of the user with respect to the portfoliomanagement system 102 may follow to the patent portfolio and annuitymanagement system 102. In various embodiments, each user ID isassociated with one or more portfolio IDs. Thus, when a user logs intothe patent portfolio and annuity management system 102, the user ispresented with access to only the portfolios that have been associatedwith that user ID. More or fewer data fields associated with a user maybe included in a user entry stored in user database 302.

Portfolio database 304, in an example embodiment, stores datarepresenting portfolios of one or more matters. A matter may includeforeign or domestic issued patents in addition to applications. Datastored in portfolio database 304 may have been initially generated in aportfolio management system and imported into patent portfolio andannuity management system 102 through the use of one or more API callsor direct access to the data in the portfolio management system. Invarious embodiments, a portfolio may be generated by a user using thepatent portfolio and annuity management system 102. For example, a userinterface may be presented to the user requesting a portfolio name andthe identifiers of matters to be included in the portfolio. In anembodiment, a portfolio entry in portfolio database 304 includes thedata fields of portfolio ID and portfolio name. Additionally, a datafield for matter ID may also be included in an entry in the portfoliodatabase. Thus, each portfolio may be associated with one or morematters through the use of the matter ID data field. More or fewer datafields associated with a portfolio may be included in a portfolio entryof portfolio database 304.

In an embodiment, matter database 306 stores data representing matters.Each matter may be associated with one or more portfolios as well as oneor more watches. In some embodiments, a matter is associated with noportfolios or watches. In an embodiment, a matter entry includes datafields representing a matter ID, title (e.g., the name of the patent orapplication), type of the matter (e.g., application, issued patent,Patent Cooperation Treaty (PCT) application), status of the matter(e.g., issued, abandoned, allowed), a link to the patent office wherethe matter was filed, a link to a PDF download of the matter, abstractof the matter, inventors of the matter, current owner of the matter,cited references on the face of the matter, filed date, issue date,docket number, and annuity information (e.g., due date, country, andamount due). In some embodiments, other patent reference documents orprior art in any form may be stored and associated with one or morematters. More or fewer data fields associated with a patent may beincluded in a matter entry stored in matter database 306. In an exampleembodiment, matter database 306 may store a patent matter database,wherein this database includes data about the patent matters. The datamay include, for at least one patent matter, a claim set or statement ofinvention and a priority date for the claim set or statement ofinvention. Matter database 306 may also store a database of prior artdocuments (also known as “references”), wherein the prior art databaseincludes data about the prior art documents. The data may include, forat least one prior art document, a priority date or publication date ofthe document. One or more of the prior art documents may be associatedwith a first patent matter in the patent matter database.

In various embodiments, a matter is associated with one or more othermatters as a family with a family ID. Family members may be prioritydocuments, continuation patents/applications, divisionalpatents/applications, and foreign patent/application counterparts. In anembodiment, family information is determined according to an externalsource such as INPADOC. Patent reference documents and/or other priorart may be manually or automatically stored, cross-cited, and associatedwith related family matters, for example.

In an embodiment, watch database 308 stores data representing userpreferences with respect to objects that the user wants to track (e.g.,watch). In an embodiment, an object is a company or a matter. Withrespect to matters, a user may indicate a preference to track the matterfor any forward citations within a time period (e.g., 60 days, 3 months,etc.). Thus, watch database 308 may store entries with a watch ID thatis associated with a user ID and a matter ID. With respect to companies,a user may indicate a preference to watch for publications or issuedpatents with an associated time period. Thus, watch database 308 maystore entries with a watch ID, a user ID, and a company name. In variousembodiments, the watches are user ID specific such that no matter whatprofile the user is viewing, the watches do not change.

In an embodiment, product database 310 stores data representingproducts. The products may be actual products manufactured by the user,products yet to be released, planned products, products covered in alicensing agreement, or a fictional product. In various embodiments,product database 310 stores entries with a product ID and product name,which are associated with a user ID. In various embodiments, a user maytag a product as associated with a matter. Thus, an entry in the productdatabase 310 may also be associated with a matter ID. In an embodiment,one or more products stored in the product database 310 may be mapped toone or more matters stored in the matter database 306.

In various embodiments, analytics database 312 stores data representinginformation on matters and companies associated with patent portfolioand annuity management system 102 (FIG. 1). This information may beorganized according to an individual matter, a portfolio, a family, orcompany. The information may be gathered from internal or externalsources 120 of patent portfolio and annuity management system 102 or maybe generated by examining the data stored in one or more databases ofthe management system 102.

In various embodiments, information for an individual matter may includestatus (e.g., disclosure received, drafting, filed, completed-waitingexamination, in prosecution, allowed, issued), cited prior art, list andtype of rejections (e.g., 35 U.S.C. § 101, 102, 103), number of claimsallowed, office action count, interviews held, Information DisclosureStatements (IDSs) filed, attorney fees to date, and PTO fees to date.Further metrics for an individual matter stored in analytics database312 may include time waiting for examiner, total time in examination,time waiting for PTO while in examination, and time on appeal. Anadditional prosecution details formatter may include upcoming docketdates (e.g., due dates for office action, IDS due dates, etc.). A claimprosecution history chart may also be stored in analytics database 312for each matter. The prosecution history may include a history of claimamendments and arguments made in prosecution.

In various embodiments, analytics for an individual matter may alsoinclude data representing a claim chart. The claim chart may include oneor more scope concepts on one axis and claims on the other axis. In anembodiment, a scope concept is a textual description of what a patentclaim is at least limited to. Thus, if a claim comprises A, B, and C, ascope concept may be A. In various embodiments, a scope concept for theclaim may be broader than A because the claim will still be limited tothe broader scope concept. In an embodiment, the claim charts storemappings between claims and scope concepts. The claim chart may includea variety of levels of granularity of scope concepts. Some claims may bemapped to all of the scope concepts while others may not be mapped toany scope concepts. In various embodiments, the mappings may havealready been generated in a program external to the management system102 (FIG. 1) (e.g., a portfolio mapping system). In various embodiments,claim charts may be combined at the portfolio level. Thus, a portfoliolevel chart may include scope concepts for all the claims (or, in someexamples, only the independent claims) in the portfolio.

In various embodiments, portfolio and family analytics information maybe stored in analytics database 312 based on aggregating the metrics foran individual matter. In an embodiment, the analytics of a family maydiffer from those in a portfolio since not all family member matters maybe part of a portfolio. Additionally, the analytics may be stored formultiple time periods such that comparisons may be made between currentmetrics and metrics from a year ago (or other time period).

Aggregated metrics may include total patents and applications, pendingand waiting for examination, in prosecution with no claims allowed, inprosecution with some claims allowed, appealed, notice of allowancereceived, and issued. These metrics may be compiled for both US andinternational matters in the portfolio. Additional information mayinclude the international portfolio distribution by country. An agedistribution of the portfolio may also be compiled. For example, theportfolio may be broken down by less than one year old, 1 to 3 yearsold, 3 to 5 years old, 5 to 10 years old, 10 to 20 years old, and 20 ormore years old. Recent filing and issue activity as well as upcomingforeign filing deadlines may be stored in analytics database 312.

In various embodiments, prosecution metrics across a portfolio or familyare determined and stored in analytics database 312. This data mayinclude matters waiting for examination, matters in examination, mattersappealed, and cases allowed but not yet issued. Analytics with respectto office actions may also be compiled and stored. For example, successof allowance after a first office action response, a second response,and the like, may be stored in analytics database 312. Additionalprosecution analytics may include allowance rate (e.g., 10%) after atelephone interview, allowance after an in-person interview, percentageof interviews with response, number and type of rejections, average timein prosecution (e.g., in months), average time to file a response, andaverage time to next office action. Further, the list of recentlyallowed cases, recently appealed cases, stalled cases, and recentlyabandoned cases may also be stored for each portfolio and family inanalytics database 312.

In various embodiments, data stored in the database for a group ofmatters in a portfolio or family is analyzed to determine the top (e.g.,ten) most cited patents, top most cited inventors, top most cited priorart owners (e.g., according to assignment documents or the face of thepatent), newly (e.g., within the last 60 days) cited prior art owners,and top most cited prior art inventors. This information may be storedin analytics database 312.

In various embodiments, annuity cost information regarding costprojections for both US issued patents and international patents mayalso be stored. Upcoming foreign filing deadlines with respect toannuities may also be stored in analytics database 312.

In various embodiments, the results of keyword analysis on one or morematters and/or prior art references may be stored in analytics database312. The keyword analysis may be based on the occurrences of thekeywords in the matter or references to derive a score or keywordoverlap.

In various embodiments, input module 314 receives data from multiplesources so that it may be further processed by one or more other modulesand stored in one or more of databases 302-312. For example, inputmodule 314 may be configured to utilize one or more APIs to collect datafrom one or more external sources 120 (FIG. 1) (e.g., public PAIR,private PAIR, INPADOC, foreign patent offices, patent docketing systems,portfolio management systems, etc.). The data may include publishedpatent documents (for example, published claims of a patent), issuedpatent documents (for example, granted claims of a patent), patentapplications, office actions or other patent office correspondence,prior art references, claim mappings, dockets dates, and annuity paymentdata.

In various embodiments, input module 314 is configured to receive inputfrom one or more user interface elements. For example, the patentportfolio and annuity management system 102 (FIG. 1) may presentmultiple user interfaces to users. These user interfaces may enableusers to input data directly into databases 302-312, instruct themanagement system 102 to retrieve data from patent data stores, andinstruct the management system 102 to perform various operations on thedata in databases 302-312.

Additionally, input module 314 may be configured to determine theselection of one or more user interface elements by a user and initiatethe action associated with the selected user interface element. Forexample, a user interface element may include a drop-down menu to selecta portfolio. Input module 314 may be configured to receive a selectionof the portfolio and a drop-down menu. Then, input module 314 may passthe selection to one or more other modules for further processing. Forexample, display module 320 may update the drop-down menu to indicatethe selection of a portfolio.

In various embodiments, parsing module 316 takes the data that hasinitially been inputted by input module 314 and formats it according tothe data fields of databases 302-312 as discussed above. For example,consider a patent publication that has been input by input module 314.Parsing module 316 may use a combination of automatic image recognitionand text analysis to determine the filing date, issue date, title,abstract, and claims of the patent. In some embodiments, parsing module316 may flag certain pieces of data that had been determined to bepotentially inaccurate (e.g., a number that could not be read). A userof patent portfolio and annuity management system 102 may then examinethe flagged data and manually enter in the information.

The resulting data that has been parsed by parsing module 316 may thenbe entered as an entry in one or more of databases 302-312. This may beaccomplished by, for example, formulating a SQL query with the parsedinformation. In various embodiments, parsing module 316 may parsemultiple pieces of information before generating a database entry. Forexample, input module 314 may receive a docket number for an issuedpatent. The docket number may be combined with the information parsedfrom the issued patent to form an entry in matter database 306.

In various embodiments, analytics module 318 is configured to examineand run calculations on the data stored in the databases 302-312 togenerate the analytics discussed previously. For example, analyticsmodule 318 may formulate a SQL query that retrieves the number of timesthat a prior art reference has been cited within a portfolio. This querymay be run for each prior art cited within the portfolio to determine alist of the most cited (e.g., the top ten) prior art references within aportfolio. In an embodiment, the queries are formulated and run asrequested by a user. In an embodiment, once the analytics informationhas been determined, it is stored within analytics database 312. Invarious embodiments, queries are formulated and run on a period basis(e.g., nightly) and entries in analytics database 312 may be updated toreflect any changes.

In an embodiment, display module 320 is configured to display userinterfaces and information retrieved from one or more databases 302-312.For example, display module 320 may generate user interface 200 of FIG.2. If a user is accessing patent portfolio and annuity management system102 (FIG. 1) remotely (e.g., through a web browser), display module 320may be configured to transmit data representing a user interface througha network to a user terminal 104 (FIG. 1). In various embodiments,display module 320 is configured to generate one or more charts of datastored in databases 302-312. For example, display module 320 maygenerate a pie chart of the top 10 inventors within a portfolio.

In various embodiments, filtering module 322 is configured to filter aset of matters according to a user preference. For example, a user mayactivate a check box that indicates only pending matters should be shownin a user interface. Filtering module 322 may formulate a queryconsistent with retrieving only pending matters. The results of thequery may then be shared with display module 320, where the userinterface may be updated.

In various embodiments, mapping module 324 is configured to receive orgenerate mappings from a product to a matter. This may be accomplished,for example, by receiving a selection of a product and a matter by theuser. The product may be one or more of the products stored in productdatabase 310. In various embodiments, mapping module 324 is configuredto present an automated mapping of the product to a matter for the userto confirm or deny. For example, mapping module 324 may present a claimchart for an issued patent to a user. As discussed, the claim chartincludes one or more scope concepts to which one or more of the claimsof the patent are limited. In conjunction with input module 314, mappingmodule 324 may receive selections of the user of one or more of thescope concepts that are potentially affiliated with the product. Thus, acomparison may be made between what the claims are limited to and whatthe product may be. For example, if a product, as defined by theselection of one or more scope concepts by the user, is affiliatedtoward scope concepts A, B, and C, and claim 1 of the patent has beenmapped to scope concepts A, B, and C, the mapping module 324 may presentan option to map the product to the patent. In various embodiments, theuser may override this recommendation and select to not map the productto the patent. Similarly, a user may indicate that a product isaffiliated with the patent even if the scope concepts do not match.

In various embodiments, the mapping module 324 is configured to receiveor generate mappings from prior art to a matter. This may beaccomplished, for example, by receiving a selection of prior art and amatter by the user. The selection of the prior art may be based on citedreferences or through other external prior art search. The selectionsmay be conducted manually, by a user, or automatically, by analyticsmodule 318, for example. In various embodiments, mapping module 324 isconfigured to present an automated mapping of the prior art to a matterfor the user to review. In various embodiments, the mapping module 324can be configured to carry out any of the keyword analysis describedabove in relation to analytics module 318, or to map products stored inproduct database 310.

In an embodiment, once the product or prior art mapping information hasbeen determined, it is stored within analytics database 312 or matterdatabase 306. In various embodiments, queries are formulated and run ona periodic basis (e.g., nightly), and entries in analytics database 312or matter database 306 may be updated to reflect any changes.

In various embodiments, payment module 326 is configured to receiveselections, or tags, by the user of which annuities to pay for mattersin a portfolio or registry listing, for example. Additionally, paymentmodule 326 may receive user preferences related to the payment of theannuities. Payment module 326 may receive payment information from auser and forward the payment information to the appropriateagency/office. In some embodiments, the annuity management system 102(FIG. 1) organizes payment of the annuity on behalf of the user, and theuser pays patent portfolio and annuity management system 102.

Any one of the databases 302-312 or modules 314-326 described above maybe used or configured partially or entirely (either singly or incombination) as appropriate to perform one or more of the patentmanagement functions described herein, or as set forth below in thefollowing method steps.

Reference is now generally made to the subject matter of FIGS. 4 and 5of the accompanying drawings. By way of general background, when a newpatent application is filed for an invention, the potential scopebreadth of the application's claims is determined by the prior art. Inthe case where there is minimal or no prior art the inventor canformulate broad claims for the invention. In the case where there isalready substantial prior art the inventor is constrained by the priorart, and therefore has to formulate more narrow claims. A patent withbroad claims is more valuable and therefore more desirable than a patentwith narrow claims because broad claims confer a broader exclusivity topractice the invention.

When working with patents and/or patent applications it is thereforeimportant to quickly and easily analyze and understand whether a patentor patent application has the potential for broad scope or for narrowscope. For patents, quick and easy scope analysis is important forevaluating the scope of a single patent and also for evaluating theaggregate scope of a set of patents. For patent applications, quick andeasy scope analysis is important for prioritizing and preparinginvention related documents before filing the patent application and formaking decisions during patent prosecution. These priorities andpreparations include but are not limited to choosing subjects forresearch and development, choosing invention disclosures for preparingpatent applications, for writing a patent application and for makingdecisions regarding claims scope during patent prosecution. Quick andeasy patent claim scope analysis is very valuable because it givesinformation needed to make important decisions regarding inventions andpatents. Clear understanding of potential patent claim scope enablesallocation of money, people and tool resources better to optimize theoutcome of using patents.

The present invention automatically analyzes information related to asubject patent, or set of patents, and calculates a patent claim scoperating without the need for a person to read and construe the subjectpatent's claims. The invention thereby provides for the ability to makedecisions based on claim scope in situations where the cost fortraditional claim scope analysis has made decision so based too costly.This new ability is foreseen to cause a further focus and optimizationregarding the use of patents by both improving the quality of patentsgranted and by reducing the total cost for acquiring high value patents.The present invention calculates claim scope rating informationdescribing a patent's or application's potential claim scope. Claimscope rating is derived and calculated from information about patentsand applications, as well as non-patent publications, within atechnology.

The potential scope of a patent claim for an invention is broad if thereis only minimal or no prior art. If, on the other hand, a prior artinvestigation would reveal that the invention is found in the context ofmany other prior patents in the same technology, we find that thepotential scope of new patent claims is narrow. Generally, the later aninvention is made within a technology the narrower its claims will be.

In this specification, “invention art context” is defined as one certainbody of art which is found when performing a certain prior art searchfor one invention. “Invention space” is defined, at each point in timeand for one technology, as potential inventions that can be patented andthat are not anticipated by prior art. The inventive space within atechnology, that allows inventions and subsequent patent filings, isover time consumed by disclosures. The first patent in an invention artcontext has few constraints. Every subsequent patent will be writtenwithin the constraints defined by all previous disclosures.

For the first patent in an invention art context there exists no patentprior art, and no or only minimal non-patent art in the form ofnon-patent publications. Patents filed subsequent to the first patent,but close in time to the first patent, are anticipated by the teachingof preceding patents in the patent art context. Later in time andsequence, succeeding patent applications are constrained by all previousdisclosures. The later the application is filed the more constrained itis with respect to claim scope.

When products or product announcements based on an invention are firstlaunched within a technology, and particularly when these products arecommercially successful, we find an increase in public non-patentdisclosures. These disclosures quickly reduce the opportunity to acquirepatents with broad claims in the technology. For inventions andtechnologies we see a repeatable sequence:

-   -   A first original invention leads to a first patent application        with the potential to have broad claims.    -   Several subsequent inventions allow only narrower claims due to        the disclosure of the first invention, particularly when the        original invention's patent filing and its prosecution have been        performed well resulting in broad claims. The later in time and        sequence an application in the invention art area is made, the        narrower the claims will be.    -   After an original innovation's commercial launch an increase of        public disclosures, particularly non-patent publications, is        found because the broader public becomes aware of the invention        art area.    -   Subsequent inventions within the technology lead to patent        applications with comparatively narrow claims because the scope        of claims for these inventions becomes restricted by a large        number of preceding disclosures.

Early inventions and patent applications within an invention art contextare desirable because their broad claim scope potential leads to highervalue. The narrower scope of later filings in the invention art contextmakes these patents less valuable and therefore less desirable.Potential scope breadth for claims narrows the later the patentapplications have been filed relative the first invention in thetechnology. When analyzing claim scope breadth we depend on ourunderstanding of the invention art context.

Here is an example showing that patent claim scope is relative to thescope of the technology area considered. Say, for example, an inventiondiscloses a particular method for low power use when calculating the GPSposition of a mobile computing device. A patent for this invention mayhave relatively broad claims if this is the first patent disclosing thisway of reducing power consumption for GPS calculation. We here consider“calculating GPS position in devices for mobile use (low powerrequired)” as the invention art context for analysis. A patent for thesame invention may at the same time be considered to have relativelynarrow claims when the invention art context to be considered is“applications within mobile computing devices” because this is a muchbroader technology area. Patent claim scope rating is dependent on thetechnology scope of the analysis, and within which the claim scope isevaluated.

In some examples, the user enters, searches for, or selects informationabout a certain subject patent, granted or pending. In some examples,the user enters, searches for, or selects information about a set ofsubject patents, granted or pending. Entry of subject patent or patentset information may be otherwise performed including but not limited todata transfer from other system or systems. Subject patent informationentered, searched, or selected by user includes but is not limited to:

-   -   Number    -   Bibliographic information    -   Title    -   Abstract    -   Specification text    -   Claims    -   Status    -   Patent prosecution file wrapper information    -   Patent family information    -   Patent's cited references information    -   Information regarding requests for continued examination    -   Information regarding re-examination    -   Information regarding litigation

The subject patent is analyzed for potential patent claim scope breadthwithin its invention art context. Evaluation of claim scope is thenperformed against the body of disclosures within this inventions artcontext. The invention art context is created by performing a search fordisclosures to be considered. This search is performed using a set ofconfigurable search criteria called Disclosures Selection Criteria.Search criteria for including disclosures into a list of art defining aninvention art context may be based on but are not limited to disclosuresselection criteria:

-   -   Key elements of the technology disclosed in the patent    -   Title and Description of the patent    -   Keywords, with importance ratings for each keyword    -   Subclasses the patent is in    -   “Date First Publically Known” for the technology    -   Earliest Known Representative Patent(s) for the technology    -   Earliest Known Representative Patent's(s') ascendant and        descendant family members    -   Citations by examiner    -   Common Citation Documents, CCD    -   Backward and forward references from patents found in other        selection criteria    -   Content correlation between subject patent and disclosures        within the invention art context, as determined by calculating        correlation using natural language processing or other content        correlation method

The resulting list of art is a subject invention's invention artcontext. The invention art context information is further evaluated forsubject patent claim scope by calculating at least one Claim ScopeAlgorithm from a set of algorithms including but not limited to at leastone algorithm. Each Claim Scope Algorithm outputs a set of data that iscalled a Sub-Rating. Each Sub-Rating may include but is not limited to anumber.

Claim Scope Algorithms are used for determining potential claim scopeand may include but are not limited to:

-   -   Time passed between “Date First Publically Known” and the        subject patent    -   Number of preceding patent disclosures in the invention art        context    -   Closeness of connection between the analyzed patent and        preceding patents, based on:    -   Amount of direct keyword overlap, or indirect keyword overlap,        that signifies closeness of reference to Target Technology    -   Connection vis a vis the subclass the subject patent is in    -   Any connections to Earliest Known Representative Patent    -   Reference relationships between patent disclosures preceding the        invention        -   Number of Earliest Known Representative Patent(s) found        -   Number of patent reference sequence steps before the subject            patent        -   Ratio of patent references to non-patent references    -   Number of patents cited by examiner    -   Reference relationships between the subject patent and        subsequent patents and applications referencing the subject        patent    -   Content correlation between subject patent and disclosures        within the invention art context, as determined by calculating        correlation using natural language processing or other content        correlation method

Claim Scope Algorithms are evaluated to create a set of Sub-Ratings. Theset of Rub-Ratings is consolidated into one set of consolidated datacalled the Patent Claim Scope Rating by evaluating a Patent Claim ScopeRating algorithm which may include but is not limited to an arithmeticsum of Sub-Ratings. The Patent Claim Scope Rating set of data mayinclude but is not limited to a number.

Specific reference is now made to FIG. 4 of the accompanying drawings.In a first example embodiment of the inventive subject matter disclosedherein a method and system allows for automatic analysis of a patent'spotential claim scope. This functionality may be operated by a user ormay be otherwise controlled. The user accesses the Claim Scope EvaluatorUI by activating a control in a User Interface (UI) 401. The userenters, searches for, or selects information about a certain subjectpatent, granted or pending. Subject patent's information is stored inthe system 402. The system performs searches and extractions using a setof Disclosures Selection Criteria compiling a list of disclosures thatis the subject patent's invention art context 403. The system selects aset of Claim Scope Algorithms from a library 407 for calculatingSub-Ratings for the subject patent claims' potential scope. The systemevaluates selected Claim Scope Algorithms which produces a set of SubRatings including one Sub-Rating for each Claim Scope Algorithm used.The system calculates a consolidated Patent Claim Scope Rating for thesubject patent by calculating a Patent Claim Scope Rating algorithm forthe set of Sub-Ratings 405. The system outputs a report for the PatentClaim Scope Rating 406.

Reference is now made to FIG. 5 of the accompanying drawings. In anotherexample embodiment of the inventive subject matter disclosed herein asystem and method allows for automatic analysis of potential claim scopefor a set of patents. This functionality may be operated by a user ormay be otherwise controlled. The user accesses the Claim Scope EvaluatorUI by activating a control in a User Interface (UI) 501. The userenters, searches for, or selects information about a certain subjectpatent, granted or pending. Subject patents' information is stored inthe system 602. For each subject patent the system addresses, the systemperforms searches and extractions for using a set of DisclosuresSelection Criteria compiling a list of disclosures that is the subjectpatent's invention art context 503.The system selects a set of ClaimScope Algorithms from a library 507 for calculating Sub-Ratings for thesubject patent claims' potential scope. The system evaluates selectedClaim Scope Algorithms which produces a set of Sub Ratings including oneSub-Rating for each Claim Scope Algorithm used. The system calculates aconsolidated Patent Claim Scope Rating for the subject patent bycalculating a Patent Claim Scope Rating algorithm for the set ofSub-Ratings 505. The system outputs a report for the Patent Claim ScopeRatings 606.

In another example embodiment of the inventive subject matter disclosedherein the system allows for automatic analysis of potential claim scopewith specific Disclosures Selection Criteria and Claim Scope Algorithmthat creates a Patent Claim Scope Rating in the form of a set of dataindicating potential claim scope of a subject patent. This functionalitymay be operated by a user or may be otherwise controlled. The useraccesses the Claim Scope Evaluator UI by activating a control such as ina User Interface (UI) 401. The user enters, searches for, or selectsinformation about a certain subject patent, granted or pending. Subjectpatent's information is stored in the system 402.

The system performs searches and extractions using Disclosures SelectionCriteria that is:

-   -   List patent references that have been cited by the examiner        (Applied Art) for the subject patent and store the list locally        as Applied Art list.    -   List backward references for Applied Art patents and store he        list locally as Backward 1    -   List backward references for Backward 1 patents and store the        list locally as Backward 2    -   List forward references for Applied Art patents and store the        list locally as Forward 1    -   Determine the number of patents in Applied Art list and store as        Number 1    -   Merge lists of patents by creating the union of:        -   All of Applied Arts list        -   Union of Backward 1 and Backward 2 and Forward land store as            BckFwd 1        -   Sort BckFwd ascending by filing date.        -   Union of Applied Art list and the first (100—Number 1)            patents in the BckFwd list.    -   Store the merged list locally as Selected Disclosures List. 403

The system selects a set of Claim Scope Algorithms from a library 407for calculating Sub-Ratings for the subject patent claims' potentialscope, the algorithms being:

-   -   Sort Selected Disclosures List items by year and patent owner        and store the result as a Selected Disclosures Set by year, each        year containing a list of patents and owners.    -   Calculate the closeness of subject patent to patents of first        three years by correlating key words between the subject patent        and each year's patents; store the correlation values as KWcorr        in the Selected Disclosures Set.

The system evaluates selected Claim Scope Algorithms which produces aset of Sub Ratings including one Sub-Rating for each Claim ScopeAlgorithm used. The system calculates a consolidated Patent Claim ScopeRating for the subject patent by calculating a Patent Claim Scope Ratingalgorithm for the set of Sub-Ratings 405, the algorithm being:

-   -   With the Selected Disclosures Set, calculate how many patents        have a have a KWcorr at above 75% of all KWcorr values per year        in the Set and store locally for each year.    -   Calculate a Patent Claim Scope Rating that for this embodiment        is a consolidated set of data in form of a matrix with a row for        each years in the first column and the number of closely related        (KWcorr>75%) patents for each year preceding the subject patent        in the second column.

The system outputs a report for the Patent Claim Scope Rating 406.

Modules, Components and Logic

Certain embodiments are described herein as including logic or a numberof components, modules, or mechanisms. Modules may constitute eithersoftware modules (e.g., code embodied (1) on a non-transitorymachine-readable medium or (2) in a transmission signal) orhardware-implemented modules. A hardware-implemented module is atangible unit capable of performing certain operations and may beconfigured or arranged in a certain manner. In example embodiments, oneor more computer systems (e.g., a standalone, client, or server computersystem) or one or more processors may be configured by software (e.g.,an application or application portion) as a hardware-implemented modulethat operates to perform certain operations as described herein.

In various embodiments, a hardware-implemented module may be implementedmechanically or electronically. For example, a hardware-implementedmodule may comprise dedicated circuitry or logic that is permanentlyconfigured (e.g., as a special-purpose processor, such as a fieldprogrammable gate array (FPGA) or an application-specific integratedcircuit (ASIC)) to perform certain operations. A hardware-implementedmodule may also comprise programmable logic or circuitry (e.g., asencompassed within a general-purpose processor or other programmableprocessor) that is temporarily configured by software to perform certainoperations. It will be appreciated that the decision to implement ahardware-implemented module mechanically, in dedicated and permanentlyconfigured circuitry, or in temporarily configured circuitry (e.g.,configured by software) may be driven by cost and time considerations.

Accordingly, the term “hardware-implemented module” should be understoodto encompass a tangible entity, be that an entity that is physicallyconstructed, permanently configured (e.g., hardwired), or temporarily ortransitorily configured (e.g., programmed) to operate in a certainmanner and/or to perform certain operations described herein.Considering embodiments in which hardware-implemented modules aretemporarily configured (e.g., programmed), each of thehardware-implemented modules need not be configured or instantiated atany one instance in time. For example, where the hardware-implementedmodules comprise a general-purpose processor configured using software,the general-purpose processor may be configured as respective differenthardware-implemented modules at different times. Software mayaccordingly configure a processor, for example, to constitute aparticular hardware-implemented module at one instance of time and toconstitute a different hardware-implemented module at a differentinstance of time.

Hardware-implemented modules can provide information to, and receiveinformation from, other hardware-implemented modules. Accordingly, thedescribed hardware-implemented modules may be regarded as beingcommunicatively coupled. Where multiple of such hardware-implementedmodules exist contemporaneously, communications may be achieved throughsignal transmission (e.g., over appropriate circuits and buses) thatconnect the hardware-implemented modules. In embodiments in whichmultiple hardware-implemented modules are configured or instantiated atdifferent times, communications between such hardware-implementedmodules may be achieved, for example, through the storage and retrievalof information in memory structures to which the multiplehardware-implemented modules have access. For example, onehardware-implemented module may perform an operation and store theoutput of that operation in a memory device to which it iscommunicatively coupled. A further hardware-implemented module may then,at a later time, access the memory device to retrieve and process thestored output. Hardware-implemented modules may also initiatecommunications with input or output devices and can operate on aresource (e.g., a collection of information).

The various operations of example methods described herein may beperformed, at least partially, by one or more processors that aretemporarily configured (e.g., by software) or permanently configured toperform the relevant operations. Whether temporarily or permanentlyconfigured, such processors may constitute processor-implemented modulesthat operate to perform one or more operations or functions. The modulesreferred to herein may, in some example embodiments, compriseprocessor-implemented modules.

Similarly, the methods described herein may be at least partiallyprocessor-implemented. For example, at least some of the operations of amethod may be performed by one or more processors orprocessor-implemented modules. The performance of certain of theoperations may be distributed among the one or more processors, not onlyresiding within a single machine, but deployed across a number ofmachines. In some example embodiments, the processor or processors maybe located in a single location (e.g., within a home environment, anoffice environment, or as a server farm), while in other embodiments theprocessors may be distributed across a number of locations.

The one or more processors may also operate to support performance ofthe relevant operations in a “cloud computing” environment or as a“software as a service” (SaaS). For example, at least some of theoperations may be performed by a group of computers (as examples ofmachines including processors), with these operations being accessiblevia a network (e.g., the Internet) and via one or more appropriateinterfaces (e.g., APIs).

Electronic Apparatus and System

Example embodiments may be implemented in digital electronic circuitry,or in computer hardware, firmware, or software, or in combinations ofthem. Example embodiments may be implemented using a computer programproduct, e.g., a computer program tangibly embodied in an informationcarrier, e.g., in a machine-readable medium for execution by, or tocontrol the operation of, data processing apparatus, e.g., aprogrammable processor, a computer, or multiple computers.

A computer program can be written in any form of programming language,including compiled or interpreted languages, and it can be deployed inany form, including as a stand-alone program or as a module, subroutine,or other unit suitable for use in a computing environment. A computerprogram can be deployed to be executed on one computer or on multiplecomputers at one site or distributed across multiple sites andinterconnected by a communication network.

In example embodiments, operations may be performed by one or moreprogrammable processors executing a computer program to performfunctions by operating on input data and generating output. Methodoperations can also be performed by, and apparatus of exampleembodiments may be implemented as, special purpose logic circuitry(e.g., a FPGA or an ASIC).

The computing system can include clients and servers. A client andserver are generally remote from each other and typically interactthrough a communication network. The relationship of client and serverarises by virtue of computer programs running on the respectivecomputers and having a client-server relationship to each other. Inembodiments deploying a programmable computing system, it will beappreciated that both hardware and software architectures usuallyrequire consideration. Specifically, it will be appreciated that thechoice of whether to implement certain functionality in permanentlyconfigured hardware (e.g., an ASIC), in temporarily configured hardware(e.g., a combination of software and a programmable processor), or acombination of permanently and temporarily configured hardware may be adesign choice. Below are set out hardware (e.g., machine) and softwarearchitectures that may be deployed in various example embodiments.

Example Machine Architecture and Machine-Readable Medium

FIG. 6 is a block diagram of a machine in the example form of a computersystem 600 within which instructions for causing the machine to performany one or more of the methodologies discussed herein may be executed.In alternative embodiments, the machine operates as a standalone deviceor may be connected (e.g., networked) to other machines. In a networkeddeployment, the machine may operate in the capacity of a server or aclient machine in server-client network environment, or as a peermachine in a peer-to-peer (or distributed) network environment. Themachine may be a PC, a tablet PC, a set-top box (STB), a PDA, a cellulartelephone, a web appliance, a network router, switch or bridge, or anymachine capable of executing instructions (sequential or otherwise) thatspecify actions to be taken by that machine. Further, while only asingle machine is illustrated, the term “machine” shall also be taken toinclude any collection of machines that individually or jointly executea set (or multiple sets) of instructions to perform any one or more ofthe methodologies discussed herein.

The example computer system 600 includes a processor 602 (e.g., acentral processing unit (CPU), a graphics processing unit (GPU) orboth), a main memory 604 and a static memory 606, which communicate witheach other via a bus 608. The computer system 600 may further include avideo display unit 610 (e.g., a liquid crystal display (LCD) or acathode ray tube (CRT)). The computer system 600 also includes analphanumeric input device 612 (e.g., a keyboard), a user interface (UI)navigation or cursor control device 614 (e.g., a mouse), a disk driveunit 616, a signal generation device 618 (e.g., a speaker) and a networkinterface device 620.

Machine-Readable Medium

The disk drive unit 616 includes a machine-readable medium 622 on whichis stored one or more set of data structures and instructions 624 (e.g.,software) embodying or utilized by any one or more of the methodologiesor functions described herein. The instructions 624 may also reside,completely or at least partially, within the main memory 604 and/orwithin the processor 602 during execution thereof by the computer system600, with the main memory 604 and the processor 602 also constitutingmachine-readable media.

While the machine-readable medium 622 is shown in an example embodimentto be a single medium, the term “machine-readable medium” may include asingle medium or multiple media (e.g., a centralized or distributeddatabase, and/or associated caches and servers) that store the one ormore data structures or instructions 624. The term “machine-readablemedium” shall also be taken to include any tangible medium that iscapable of storing, encoding, or carrying instructions for execution bythe machine and that cause the machine to perform any one or more of themethodologies of the embodiments of the present invention, or that iscapable of storing, encoding or carrying data structures utilized by orassociated with such instructions. The term “machine-readable medium”shall accordingly be taken to include, but not be limited to,solid-state memories and optical and magnetic media. Specific examplesof machine-readable media include non-volatile memory, including, by wayof example, semiconductor memory devices (e.g., Erasable ProgrammableRead-Only Memory (EPROM), Electrically Erasable Programmable Read-OnlyMemory (EEPROM), and flash memory devices); magnetic disks such asinternal hard disks and removable disks; magneto-optical disks; andCD-ROM and DVD-ROM disks.

Transmission Medium

The instructions 624 may further be transmitted or received over acommunications network 626 using a transmission medium. The instructions624 may be transmitted using the network interface device 620 and anyone of a number of well-known transfer protocols (e.g., HypertextTransfer Protocol “HTTP”). Examples of communication networks include aLAN, a WAN, the Internet, mobile telephone networks, plain old telephone(POTS) networks, and wireless data networks (e.g., WiFi and WiMaxnetworks). The term “transmission medium” shall be taken to include anyintangible medium that is capable of storing, encoding or carryinginstructions for execution by the machine, and includes digital oranalog communications signals or other intangible media to facilitatecommunication of such software.

Non-Limiting Embodiments

Although an embodiment has been described with reference to specificexample embodiments, it will be evident that various modifications andchanges may be made to these embodiments without departing from thebroader spirit and scope of the disclosure. Accordingly, thespecification and drawings are to be regarded in an illustrative ratherthan a restrictive sense. The accompanying drawings that form a parthereof show, by way of illustration, and not of limitation, specificembodiments in which the subject matter may be practiced. Theembodiments illustrated are described in sufficient detail to enablethose skilled in the art to practice the teachings disclosed herein.Other embodiments may be utilized and derived therefrom, such thatstructural and logical substitutions and changes may be made withoutdeparting from the scope of this disclosure. This Detailed Description,therefore, is not to be taken in a limiting sense, and the scope ofvarious embodiments is defined only by the claims, along with the fullrange of equivalents to which such claims are entitled.

Such embodiments of the inventive subject matter may be referred toherein, individually and/or collectively, by the term “invention” merelyfor convenience and without intending to voluntarily limit the scope ofthis application to any single invention or inventive concept if morethan one is in fact disclosed. Thus, although specific embodiments havebeen illustrated and described herein, it should be appreciated that anyarrangement calculated to achieve the same purpose may be substitutedfor the specific embodiments shown. This disclosure is intended to coverany and all adaptations or variations of various embodiments.Combinations of the above embodiments, and other embodiments notspecifically described herein, will be apparent to those of skill in theart upon reviewing the above description.

1. (canceled)
 2. A method of determining a patent claim scope rating,comprising: receiving from a graphical user interface displayed on auser terminal over a network, a first input containing information abouta subject patent; receiving from the graphical user interface over thenetwork, a second input including disclosure selection criteria, whereinthe disclosure selection criteria includes at least one of an element oftechnology disclosed in the subject patent, or an earliestrepresentative patent for the element of technology; formulating, usingat least one processor, a search query using the first input and thesecond input; receiving a search result in response to formulating thesearch query, the search result including one or more referencedocuments; extracting a set of references from the one or more referencedocuments included in the search result, the set of referencesincluding: a patent reference cited in examination of the subjectpatent; a non-patent reference cited in examination of the subjectpatent; a first backward reference for the patent reference cited inexamination of the subject patent; a second backward reference for thefirst backward reference; and a forward reference for the patentreference cited in examination of the subject patent; determining a setof patent scope sub-ratings; determining a patent claim scope rating forthe subject patent based on the set of patent scope sub-ratings;generating, for output on the graphical user interface, a patent claimscope rating report including the patent claim scope rating, andtransmitting, to the graphical user interface displayed on the userterminal over the network, the patent claim scope rating report.
 3. Themethod of claim 2, wherein the disclosure selection criteria furtherincludes: a keyword included in the subject patent; and an importancerating for the keyword.
 4. The method of claim 2, wherein a first patentscope sub-rating of the set of patent scope sub-ratings is determinedusing a number of patent disclosures in an art context of the subjectpatent filed prior to the subject patent.
 5. The method of claim 2,wherein a second patent scope sub-rating of the set of patent scopesub-ratings is determined using a ratio of a number of patent referencesto a number of non-patent references.
 6. The method of claim 2, whereina third patent scope sub-rating of the set of patent scope sub-ratingsis determined using a number of patent disclosures in an art context ofthe subject patent filed prior to the subject patent falling within apredetermined time range of the patent disclosure with an earliestpriority date.
 7. The method of claim 2, wherein a fourth patent scopesub-rating of the set of patent scope sub-ratings is determined using: atime passed between a priority date of an oldest reference included in aset of prior patent references and a priority date of the subjectpatent, the set of prior patent references including the patentreference, the first backward reference, and the second backwardreference; a number of references included in the set of prior patentreferences; and one or more reference relationships between members ofthe set of prior patent references.
 8. The method of claim 7, wherein afifth patent scope sub-rating of the set of patent scope sub-ratings isdetermined using a subclass of the subject patent and a subclass ofmembers of the set of prior patent references.
 9. The method of claim 7,wherein a sixth patent scope sub-rating of the set of patent scopesub-ratings is determined using a keyword overlap between a targettechnology of the subject patent and a set of technology areareferences, the set of technology area references including the set ofprior patent references and the forward references.
 10. The method ofclaim 2, wherein a seventh patent scope sub-rating of the set of patentscope sub-ratings is determined using a number of references between thesubject patent and a patent with an earliest priority date from a set ofprior patent references, the set of prior patent references includingthe patent reference, the first backward reference, and the secondbackward reference.
 11. A system to determine a patent claim scoperating, the system comprising: at least one processor; and a memory,including instructions that, when executed by the at least one processorcause the at least one processor to perform operations to: receive froma graphical user interface displayed on a user terminal over a network,a first input containing information about a subject patent; receivefrom the graphical user interface over the network, a second inputincluding a disclosure selection criteria; formulate a search queryusing the first input and the second input; receive a search result inresponse to formulating the search query, the search result includingone or more reference documents; extract a set of references from theone or more reference documents included in the search result, the setof references including: a patent reference cited in examination of thesubject patent, a non-patent reference cited in examination of thesubject patent; a first backward reference for the patent referencecited in examination of the subject patent; a second backward referencefor the first backward reference; and a forward reference for the patentreference cited in examination of the subject patent; determine at leasttwo patent scope sub-ratings, wherein the at least two patent scopesub-ratings are determined using at least one of: a number of patentdisclosures in an art context of the subject patent filed prior to thesubject patent, a time passed between a priority date of an oldestreference included in a set of prior patent references and a prioritydate of the subject patent, the set of prior patent references includingthe patent reference, the first backward reference, and the secondbackward reference, a number of references included in the set of priorpatent references, or one or more reference relationships betweenmembers of the set of prior patent references; determine a patent claimscope rating for the subject patent based on the at least two patentscope sub-ratings; generate, for output on the graphical user interface,a patent claim scope rating report including the patent claim scoperating, and transmit, to the graphical user interface displayed on theuser terminal over the network, the patent claim scope rating report.12. The system of claim 11, wherein the at least two patent scopesub-ratings are further determined using at least one of: a ratio of anumber of patent references to a number of non-patent references or anumber of patent disclosures in an art context of the subject patentfiled prior to the subject patent falling within a predetermined timerange of the patent disclosure with an earliest priority date.
 13. Thesystem of claim 11, wherein the at least two patent scope sub-ratingsare further determined using at least one of: using a subclass of thesubject patent and a subclass of members of the set of prior patentreferences or a keyword overlap between a target technology of thesubject patent and a set of technology area references, the set oftechnology area references including the set of prior patent referencesand the forward references.
 14. The system of claim 11, wherein the atleast two patent scope sub-ratings are further determined using a numberof references between the subject patent and a patent with an earliestpriority date from a set of prior patent references, the set of priorpatent references including the patent reference, the first backwardreference, and the second backward reference.
 15. The system of claim11, wherein the disclosure selection criteria includes: an element oftechnology disclosed in the subject patent; and an earliestrepresentative patent for the element of technology.
 16. The system ofclaim 11, wherein the disclosure selection criteria includes: a keywordincluded in the subject patent; and an importance rating for thekeyword.
 17. A non-transitory machine readable medium, includinginstructions, which when performed by a machine, cause the machine toperform operations comprising: receiving from a graphical user interfacedisplayed on a user terminal over a network, a first input containinginformation about a subject patent; receiving from the graphical userinterface over the network, a second input including a disclosureselection criteria; formulating, using at least one processor, a searchquery using the first input and the second input; receiving a searchresult in response to formulating the search query, the search resultincluding one or more reference documents; extracting a set ofreferences from the one or more reference documents included in thesearch result, the set of references including: a patent reference citedin examination of the subject patent; a non-patent reference cited inexamination of the subject patent; a first backward reference for thepatent reference cited in examination of the subject patent; a secondbackward reference for the first backward reference; and a forwardreference for the patent reference cited in examination of the subjectpatent; determining at least two patent scope sub-ratings, wherein theat least two patent scope sub-ratings are determined using at least oneof: a number of patent disclosures in an art context of the subjectpatent filed prior to the subject patent, a time passed between apriority date of an oldest reference included in a set of prior patentreferences and a priority date of the subject patent, the set of priorpatent references including the patent reference, the first backwardreference, and the second backward reference, a number of referencesincluded in the set of prior patent references, or one or more referencerelationships between members of the set of prior patent references;determining a patent claim scope rating for the subject patent based onthe at least two patent scope sub-ratings; generating, for output on thegraphical user interface, a patent claim scope rating report includingthe patent claim scope rating, and transmitting, to the graphical userinterface displayed on the user terminal over the network, the patentclaim scope rating report.
 18. The medium of claim 17, wherein the atleast two patent scope sub-ratings are further determined using at leastone of: a ratio of a number of patent references to a number ofnon-patent references or a number of patent disclosures in an artcontext of the subject patent filed prior to the subject patent fallingwithin a. predetermined time range of the patent disclosure with anearliest priority date.
 19. The medium of claim 17, wherein the at leasttwo patent scope sub-ratings are further determined using at least oneof: using a subclass of the subject patent and a subclass of members ofthe set of prior patent references or a keyword overlap between a targettechnology of the subject patent and a set of technology areareferences, the set of technology area references including the set ofprior patent references and the forward references.
 20. The medium ofclaim 17, wherein the at least two patent scope sub-ratings are furtherdetermined using a number of references between the subject patent and apatent with an earliest priority date from a set of prior patentreferences, the set of prior patent references including the patentreference, the first backward reference, and the second backwardreference.
 21. The system of claim 11, wherein the disclosure selectioncriteria includes: an element of technology disclosed in the subjectpatent; an earliest representative patent for the element of technology;a keyword included in the subject patent; and an importance rating forthe keyword.